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PORT ALLEN MARINE SERVICES, INC. v. CHOTIN

Civ. A. No. 89-436-B.

765 F.Supp. 887 (1991)

PORT ALLEN MARINE SERVICES, INC., et al. v. Joseph Scott CHOTIN, et al.

United States District Court, M.D. Louisiana.

June 19, 1991.

Attorney(s) appearing for the Case

Frank S. Craig, III, Trial Atty., Breazeale, Sachse & Wilson, Baton Rouge, La., James R. Chastain, Jr., for plaintiffs.

Phelps, Dunbar, Marks, Claverie & Sims, Baton Rouge, La., Docia L. Dalby, Trial Atty., Edward F. LeBreton, Rice, Fowler, Kingsmill, Vance & Flint, New Orleans, La., Gary M. Zwain, Trial Atty., Andrew D. Weinstock, Metairie, La., Richard C. Stanley, Trial Atty., Alex J. Peragine, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., for defendants.

Andrea Ann Timko, Stephen M. Cutler, Wilmer, Cutler & Pickering, Washington, D.C., pro hac vice for Ins. Co. of N. America.

W. Shelby McKenzie, Trial Atty., Taylor, Porter, Brooks & Phillips, Baton Rouge, La., Michael G. Durand, Rebecca F. Doherty, Oneban, Donohoe, Bernard, Torian Diaz, McNamara & Abell, Lafayette, La., for Philip David Morey on his own behalf as a rep. Underwriter on behalf of those certain Underwriters at Lloyd's, London.

RULING ON DEFENDANTS' MOTION TO DISMISS

POLOZOLA, District Judge.

Morey & Companies, the insurers of Joseph Scott Chotin (Chotin), have moved to dismiss the suit against them by Port Allen Marine Services, Inc. (PAMS), and Chotin Transportation, Inc. (C.T., Inc.), for lack of jurisdiction or, in the alternative, for failure to state a claim upon which relief can be granted. The interesting issue presented in this case is whether a party may sue the insurer...

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